The Limits Of Liberty

"The Limits of Liberty is concerned mainly with two topics. One is an attempt to construct a new contractarian theory of the state, and the other deals with its legitimate limits. The latter is a matter of great practical importance and is of no small significance from the standpoint of political philosophy."—Scott Gordon, Journal of Political Economy James Buchanan offers a strikingly innovative approach to a pervasive problem of social philosophy. The problem is one of the classic paradoxes concerning man's freedom in society: in order to protect individual freedom, the state must restrict each person's right to act. Employing the techniques of modern economic analysis, Professor Buchanan reveals the conceptual basis of an individual's social rights by examining the evolution and development of these rights out of presocial conditions.

A history of America between the years 1607 and 1980.

Published originally in 1975, "The Limits of Liberty" made James Buchanan's name more widely known than ever before among political philosophers and theorists and established Buchanan, along with John Rawls and Robert Nozick, as one of the three new contractarians, standing on the shoulders of Hobbes, Locke, and Kant. While "The Limits of Liberty" is strongly related to Buchanan's "Calculus of Consent", it is logically prior to the Calculus, according to Helmut Kliemt in the foreword, even though it was published later. Buchanan frames the central idea most cogently in the opening of his preface: "Precepts for living together are not going to be handed down from on high. Men must use their own intelligence in imposing order on chaos, intelligence not in scientific problem-solving but in the more difficult sense of finding and maintaining agreement among themselves. Anarchy is ideal for ideal men; passionate men must be reasonable. Like so many men have done before me, I examine the bases for a society of men and women who want to be free but who recognise the inherent limits that social interdependence places on them".

Friedrich Hayek was the 20th century’s most significant free market theorist. Over the course of his long career he developed an analysis of the danger that state power can pose to individual liberty. In rejecting much of the liberal tradition’s concern for social justice and democratic participation, Hayek would help clear away many intellectual obstacles to the emergence of neoliberalism in the last quarter of the 20th century. At the core of this book is a new interpretation of Hayek, one that regards him as an exponent of a neo-Roman conception of liberty and interprets his work as a form of ‘market republicanism’. It examines the contemporary context in which Hayek wrote, and places his writing in the long republican intellectual tradition. Hayek’s Market Republicanism will be of interest to advanced students and researchers across the history of economic thought, the history of political thought, political economy and political philosophy.

An index to the series "The Collected works of James M. Buchanan."

The Limits of Liberty chronicles the formation of the U.S.-Mexico border from the perspective of the "mobile peoples" who assisted in determining the international boundary from both sides in the mid-nineteenth century. In this historic and timely study, James David Nichols argues against the many top-down connotations that borders carry, noting that the state cannot entirely dominate the process of boundary marking. Even though there were many efforts on the part of the United States and Mexico to define the new international border as a limit, mobile peoples continued to transgress the border and cross it with impunity. Transborder migrants reimagined the dividing line as a gateway to opportunity rather than as a fence limiting their movement. Runaway slaves, Mexican debt peones, and seminomadic Native Americans saw liberty on the other side of the line and crossed in search of greater opportunity. In doing so they devised their own border epistemology that clashed with official understandings of the boundary. These divergent understandings resulted in violence with the crossing of vigilantes, soldiers, and militias in search of fugitives and runaways. The Limits of Liberty explores how the border attracted migrants from both sides and considers border-crossers together, whereas most treatments thus far have considered discrete social groups along the border. Mining Mexican archival sources, Nichols is one of the first scholars to explore the nuance of negotiation that took place between the state and mobile peoples in the formation of borders.

“An erudite, sharp-tongued libertarian, eager to do battle with censors, regulators ... and sanctimonious busybodies of every stripe.”—New York Times In this impassioned defense of liberty, renowned Harvard law professor Charles Fried argues that the seemingly unimpeachable goals of equality and community are often the most potent rivals of freedom. Declared a “spirited, sophisticated manifesto” by the New York Times Book Review, Modern Liberty demonstrates how the dense tangle of government regulations both supports and threatens our personal liberties. Armed with Fried’s insights, readers will be better able to defend themselves against those on both the left and the right who would, even with the best intentions, restrict their liberty.

An enlightening, intensely researched examination of violations of the constitutional principles that preserve individual rights and civil liberties from courtrooms to classrooms. With telling anecdote and detail, Pulitzer Prize–winner David K. Shipler explores the territory where the Constitution meets everyday America, where legal compromises—before and since 9/11—have undermined the criminal justice system’s fairness, enhanced the executive branch’s power over citizens and immigrants, and impaired some of the freewheeling debate and protest essential in a constitutional democracy. Shipler demonstrates how the violations tamper with America’s safety in unexpected ways. While a free society takes risks to observe rights, denying rights creates other risks. A suspect’s right to silence may deprive police of a confession, but a forced confession is often false. Honoring the right to a jury trial may be cumbersome, but empowering prosecutors to coerce a guilty plea means evidence goes untested, the charge unproved. An investigation undisciplined by the Bill of Rights may jail the innocent and leave the guilty at large and dangerous. Weakened constitutional rules allow the police to waste precious resources on useless intelligence gathering and frivolous arrests. The criminal courts act less as impartial adjudicators than as conveyor belts from street to prison in a system that some disillusioned participants have nicknamed “McJustice.” There is, always, a human cost. Shipler shows us victims of torture and abuse—not only suspected terrorists at the hands of the CIA but also murder suspects interrogated by the Chicago police. We see a poverty-stricken woman forced to share an attorney with her drug dealer boyfriend and sentenced to six years in prison when the conflict of interest turns her lawyer against her. We meet high school students suspended for expressing unwelcome political opinions. And we see a pregnant immigrant deported, after years of living legally in the country, for allegedly stealing a lottery ticket. Often shocking, yet ultimately idealistic, Rights at Risk shows us the shadows of America where the civil liberties we rightly take for granted have been eroded—and summons us to reclaim them.